Consumer Law, Warranties Breach of Contract & the company disappeared

[jackchen]

I was a sub-contractor through a New York consulting firm with a bank. According to contract, consulting firm will pay us the money 2 days after the bank paid them.

However, since July, they have stopped paying me, it has piled up 4 months. I tried very effort to try to resolve the issue, however the company just refused to answer myphone call, e-mail or fax. Finally I decided to file a federal lawsuit against it using USC 1335 and USC 1332(b).

But today, I finally realized that this company has been moved out the current office and disapeared, and it was not just me unpaid, it may involved about 10 people.
Now my concern is my disputed amount is about $45,000, less than $75,000. Is the Judge going to revoke my case? How can I use 1335?

This consulting firm normally had nothing left if it filed a bankrupcy, how can I recover my money from them?

The headache thing is how I can find this company's new address.

I am really appreciated it if somebody could give me some advice.

 

[dee_dub]

If it was a company, and it still exists, it will have a registered records office. Check here:

http://appsext8.dos.state.ny.us/corp_public/corpsearch.entity_search_entry

Or talk to the New York Department of State, Corporations.

If it's bankrupt, you get in line with all the other creditors and fight over the scraps.

I don't know anything about USC 1335 or 1332(b) other than having just looked at them, but it looks to me like your case might be thrown out for failure to meet the $75,000 threshold. (Or, if you get a default judgment, expect it to be appealed on the grounds the court had no jurisdiction.)

 

[jackchen]

dee_dub, I already checked that web site, the company address is still the old one. The lawsuit that I filed is just to buy some time for me to prepare a new lawsuit in New York State. I agreed with your opinion that my case may be just threw away. Thanks a lot!

 

[dee_dub]

If that's their registered office, then you may be entitled to serve court documents on them by sending them to that address. Whether they're there or not is no concern to you. If they don't respond, you get default judgment against them. But good luck tracking them down to enforce it.

 

[jackchen]

dee_dub, thanks for your reply. It turned out that case is much more complicated. It may involve criminal fraud. This is a shell company, attracted people in, after some regular payment, they just ripped our money off and ran away. Right now we have collected about 16 victims, and we decided to be united and trialed against those bad guys.

To my surprise, my case was just accepted by the federal court. However I want to join other people to file a fraud charge against this company in New York State Court, now my question is that Can I do both?

 

[dee_dub]

As far as I know, you should be able to pursue both civil and criminal charges against them. Check with a local lawyer to make sure.

 

[jackchen]

dee_dub, we are collceting some evidence and will file lawsuit against these ganster soon. Thanks for your advice!

 

[dee_dub]

Good luck. I hope it's worth your while - the prospects of there being anything for you to collect are less than cheery.